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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Family Code § 3.104: PROTECTION OF THIRD PERSONS.

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Where this section sits in the code
  1. FAMILY CODE
  2. TITLE 1. THE MARRIAGE RELATIONSHIP
  3. SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES
  4. CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES
  5. SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF MARITAL PROPERTY

(a) During marriage, property is presumed to be subject to the sole management, control, and disposition of a spouse if it is held in that spouse's name, as shown by muniment, contract, deposit of funds, or other evidence of ownership, or if it is in that spouse's possession and is not subject to such evidence of ownership.

(b) A third person dealing with a spouse is entitled to rely, as against the other spouse or anyone claiming from that spouse, on that spouse's authority to deal with the property if:

(1) the property is presumed to be subject to the sole management, control, and disposition of the spouse; and

(2) the person dealing with the spouse:

(A) is not a party to a fraud on the other spouse or another person; and

(B) does not have actual or constructive notice of the spouse's lack of authority.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Collected 2026-08-27T01:47:10Z. Source file · JSON

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